Approved Code No. 271 Registry No. 1131-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

\ ( 

FOR THE 

\ \ 

NONFERROUS 

AND SrfEEL CONVECT0R\ 

MANUFACTURING INDUSTRY 

(CONCEALED RADIATOR INDUSTRY) 

AS APPROVED ON FEBRUARY 10, 1934 

WE DO OUR PARt 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
This publication is for sale by t.he Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Burea'J of Foreign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mass.: 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio: Chnmber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn.: 229 Federal Building. 

Minneapolis, Minn.: 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphi3,, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 271 

CODE OF FAIR COMPETITION 

FOR THE 

NONFERROUS AND STEEL CONVECTOR MANUFACTURING INDUSTRY (CONCEALED RADIATOR 

INDUSTRY) 

As Approved on February 10, 1934 

ORDER 

APPROVING ConE oF FAIR CoMI-ETITION FOR THE NONFERRous 

AND STEEL CoNVECTOR 11ANUFACTURING INDUSTRY (CoNCEALED 

RADIATOR INDUSTRY) 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Code of 

Fair Competition for the Nonferrous and Steel Convector Manufacturing Industry (Concealed Radiator Industry), and hearings having 

been held thereon and the annexed report on said Code, containing 

findings with respect thereto, having been made and directed to the 

President: 

NOW, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 

30, 1933, and otherwise; do hereby incorporate by reference said 

annexed report and do find that said Code complies in all respects 

with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code 

of Fair Competition be and it is hereby approved. 

Approval recommended: 

w. A. HARRIMAN, 

HuGH S. JoHNSON, 

AdministTator for Industrial Recovery. 

Division Administrator. 

wASHINGTON, D.C., 

February 10, 1934. 

39352°----376-43----34 (341) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The vllhite House. 

SIR: This is a report on the Code of Fair Competition for the Nonferrous and Steel Convector Manufacturing (Concealed Radiator) 

Industry as revised after a public hearing conducted in Washington, 

D.C., on December 26, 1933, in accordance with the provisions of the 

National Industrial Recovery Act. 

PROVISIONS AS TO WAGES AND HOURS 

All, except office employees, shall be paid a 1ninimum rate of forty 

cents per hour. Apprentices shall not exceed in number five percent 

of the total number of wage earners. Office employees shall be paid 

a minimum wage of fifteen dollars per ''-.reek. Office boys and girls 

shall be paid not less tha.n eighty percent of this rate and shall not 

exceed in numbar five percent of an employer's total number of office 

employees. 

Handicapped workers may be employed at wages below the minimum. Female employees performing substantially the same work 

as male employees shall receive equal pay. Adjustment of wage 

rates above the minin1um will be made within thirty days after the 

approval of this Code. 

Forty hours shall be the maA'in1um number of vvorking hours for 

any week and eight hours for any day except during any six weeks 

in a six months' period, forty-eight hours in one week shall be permissible. Executives, their staffs and supervisors, who regularly receive 

thirty-five dollars or more per week, and outside salesmen are excepted from this provision. Employees engaged solely at maintenance and repair work, truckmen, firemen, engineers, and electricia,ns 

may work nine hours a day or forty-four hours a week, except during 

any six weeks in a six months' period, forty-eight hours in one week 

is permissible. Watch1nen shall not be employed in excess of fifty-six 

hours in any one week. Office employees, ex"ept those receiving 

thirty-five dollars per week or more, shall not be employed in excess 

of an average of forty hours per week over each period of five weeks 

nor more than forty-eight hours in any one week. 

All employees, except office employees, shall be paid at the rate of 

time and one half for time worked in excess of forty hours per week. 

ECONOMIC EFFECTS OF THE CODE 

This industry depends chiefly on new building. Annual sales have 

decreased approximately fifty-seven percent from 1930, the peak year, 

to 1932. 'Ihe Association estimated an increase in sales of twentyeight percent for the year 1933. The number of wage earners employed by this industry de reased twenty-five percent from 1930 to 

1933. 

(342) 
343 

The maximum_ hours as provided by thjs Code will not reabsorb 

all the former employees, but a substantial increase in the demand for 

the products of this indu try followed by an increase in man-hour 

requirements will stimulate cmployrnen . The ode provision that 

wages above the minimum hall be equitably adjusted is expected to 

cause a material increase in purchasing power. Trade practice provisions of the Code are expected to remedy many of the industry evils 

that have been prevalent in the past. 

FI DINGS 

The Deputy Administrator in his final report to me on said Code 

having found as herein set forth and on the basis of all the proceedings 

in this matter: 

I find that: 

(a) Said Code is well designed to promote the policies and purposes 

of Title I of theN ational Industrial Recovery Act, including removal 

of obstructions to the free flow of interstate and foreign commerce 

which tend to diminish the amount thereof and will provide for the 

general welfare by promoting the organization of industry for the 

purpose of cooperati e action among the trade groups, by inducing 

and rnainta.ining united action of labor and management under adequate governmental sanctions and supervision, by eliminating unfair 

competitive practices, by promoting the fullest possible utilization 

of the present productive capacity of industries, by avoiding undue 

restriction of production (except as may be temporarily required), 

by increasing the consumption of industrial and agricultural products 

through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise 

rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 

employees; and is not classified by me as a major industry. 

(c) The Code as approved complies in all respects with the pertinent 

provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) 

of Section 10 thereof; and that the applicant association is an industrial 

association truJy representative of the aforesaid Industry; and that 

said association imposes no inequitable restrictions on admission to 

membership therein. 

(d) The Code is not designed to and will not permit monopolies or 

monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic process have not 

been deprived of the right to be heard prior to approval of said Code. 

For these reasons, therefore, I have approved this Code. 

Respectfully, 

FEBRUARY 10, 1934. 

HuGH S. JoHNSON, 

Administrator. 
CODE OF FAIR COMPETITION FOR THE NONFERROUS 

AND STEEL CONVECTOR MANUFACTURING INDUSTRY 

(CONCEALED RADIATOR INDUSTRY) 

ARTICLE I-PURPOSES 

1. To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Code of 

Fair Competition for the Nonferrous and Steel Convector Manufacturing Industry (Concealed Radiator Industry), and shall be the 

standard of fair competition for such industry and shall be binding 

upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term "Nonferrous and Steel Convector Manufacturing 

Industry," as used herein, includes the manufacture, and the assembling and sale by the manufacturer, of Nonferrous and/or Steel 

Convectors (concealed radiators) used for steam or hot-water heating; 

and such related branches or subdivisions as n1ay from time to time 

be included under the provisions of this Code by the President of the 

United States, after such notice and hearing as he may prescribe. 

Where a question arises as to whether a particular device is or is not a 

Nonferrous or Steel Convector, the decision shall rest with the Code 

Authority hereinafter defined, subject to the approval of the 

Administrator. 

2. The term "Member of the Industry" includes, but without 

limitation any, individual, partnership, association, corporation, or 

other form of enterprise engaged in the industry, either as an employer or on his or its own behalf. 

3. The tern1 "Member of the Code" as herein used, Ineans and 

includes any member of the industry 'vho shall expressly subscribe 

to this Code. 

4. The tenn 11 Code Authority" as herein used, shall mean the 

Code Authority established in Article VI of this Code. 

5. The term "Employee", as used herein, includes any and all 

persons engaged in the industry ho,vever compensated, except a 

"Member of the Industry." 

6. The term "President", "Act," and "Administrator", as used 

herein, means respectively, the President of the United States, Title 

I of theN ational Industrial Recovery Act, and the Ad1nini trator for 

Industrial Recovery. 

7. The term "Association" as used herein, means th& "Concealed 

Heater Association." 

ARTICLE III-Houn.s 

SECTION 1. No employee, excluding accounting, clerical, and office 

employees, shall be employed in excess of forty (40) hours in one 

week, or eight (8) hours in any twenty-four (24) hour period, except 

(344) 
345 

that during any six (6) weeks in any six (G) months' period employees 

may be employed not more than fort- -eight (48) hours per week, 

providing one and one half times the normal rate of pay shall be paid 

for hours worked in excess of eight (8) hours per day and forty (40) 

hours per week. The foregoing limitations shall not upply to: 

(a) Executives, executives' staffs, and supervisors who regularly 

receive thirty-five (35) dollars or more per week. 

(b) Outside sales and service n1cn. 

(c) Employees engaged solely at maintenance and repair work, 

truckmen, firemen, engineers, and electricians who may be permitted 

to work not more than nine (9) hours in any one day or forty-foUl' 

(44) hours in any one week. These employees may also be permitted 

to work forty-eight (48) hours per week during any six (6) weeks in 

any six (6) months' period. One and one half times the normal 

rate of pay shall be paid for hours worked in excess of eight (8) hours 

per day and forty ( 40) hours per week. 

(d) Watchmen, who may be employed not more than fifty-six (56) 

hours in any one (1) week, except watchn1en in closed plants to whom 

this limitation shall not apply. 

(e) Cases of emergency such as the production of equipment or 

repairs for break-down service, or where the restriction of hours of 

skilled workers would unavoidably reduce production or limit the 

work available to other worker::.. 

SEc. 2. No accounting, clerical, or office en1ployee shall be employed 

in excess of an average of forty ( 40) hours a week over a calendar 

five (5) weeks' period, nor more than forty-eight (48) hours in any 

one week. 

SEc. 3. No employer shall knowingly permit any employee to work 

for any time which, when totaled with that already perforn1ed with 

another employer or employers, exceeds the maximum permitted 

herein. 

ARTICLE IV-WAGES 

SECTION 1. No employee shall be paid at less than the rate of 

forty (40) cents per hour, except that: 

(a) Accounting, clerical, and office employees may be paid at not 

less than $15.00 per ,~.reek. 

(b) Office boys and office girls may be paid at not less than eighty 

(80) percent of the applicable above provided minimum wage for 

accounting, clerical and office employees, provided that the total 

number of such office boys and girls receiving less than such minimum wage shall not exceed, in any calendar month more than five 

(5) percent of the total office employees of the employer, except that 

any employer n1ay employ at least two (2) such persons as above 

provided. 

(c) Nothing in this Article IV shall apply to or affect a bona fide 

apprentice employed under a system or course of training which, when 

completed, will n1ake the apprentice a skilled mechanic. At no time 

shall new apprentices be admitted to apprenticeship by any employer 

when such action will bring their total number to more than five (5) 

percent of the total number of employees of such employer. 

SEc. 2. This Article establishes a minimum rate of pay which shall 

apply, irrespective 'of whether an employee is actually compensated 

on a time-rate; piecework, or other basis. 
346 

SEc. 3. The Code Authority may present for approval of the 

Administrator, niter notice and hearing, recommendations as to 

upward adjustments in minimum wages for specific localities. 

SEc. 4. Equitable adjustment of compensation of employees receiving more than the minimum rates of pay herein prescribed shall be 

made by all employers who have not heretofore n1ade such adjustment , and all en1ployers shall within sixty (60) days after approval 

of this Code, report in full to the 0 ode Authority concerning such 

adjustments whether made prior to Ol' subsequent to such approval, 

provided, however, that in no event shall hourly rates of pay be 

reduced. 

SEc. 5. Female employees performing substantially -the same 

work as rnale employees shall receive the same rate of pay as n1ale 

employees. · 

SEc. 6. A person whose earning capacity is lilnited because of age 

or physical or other handicaps may be employed on light work at a 

wage below the minimtnn established by this Code if the ernployer 

obtains from the State authority designated by t.he United States 

Department of Labor a certificate authorizing his employment at 

such wages and for such hours as shall be stated in the certificate. 

E ach employer shallrnaintain on file with the Code Authority a list 

of all such persons employed by him. 

SEc. 7. vVages shall be exempt from any payment for pensions, 

insurance, or sick benefits other than those voluntarily paid by the 

wage earners, or required by State laws. Wages shall be paid at 

least at the end of every two-week period, and salaries at least at the 

end of every month. No employer shall withhold wages. SEc. 8. The employer or his agent shall accept no rebates directly 

or indirectly on such wages nor give anything of value or extend favors 

to any person for the purpose of influencing rates of wages or the 

working conditions of his employees. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. No person under sixteen (16) years of age shall be 

employed in the industry. No person under eighteen (18) years of 

age ~hall be employed at operations or occupations which are hazardous in nature or dangerous to health. The Code Authority shall 

submit to the Administrator before March 1st, 1934, a list of such 

operations or occupations. In any State an employer shall be deemed 

to have complied with this provision as to age if he shall have on file 

a certificate or permit duly signed by the authority in any State 

empowered to issue employment or age certificates or permits shovring 

that the employee is of the required age. 

SEc. 2. In compliance with Section 7 (a) of the Act it is provided 

that: 

(a) En1ployees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be 

free from the interference, restraint, or coercion of employers of labor, 

or their agents, in the designation of such representatives or in selforganization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. 
347 

(b) No employee and no one seeking employment c-hall be r quired 

as a condition of employment to join any company union or to refrain 

from joining, organizing, or assisting a labor organization of his own 

choosing. 

(c) Employer shall comply with the ma:ximum hours of labor, minimum rates of pay, and o her conditions of en1ploytnent approYed 

or prescribed by the President. 

SEc. 3. No employer shall reclas ify employee or duties of oc"u- pations perforn1ed or engage in any other subt rfuge for the purpo e 

of defea .. ing the purposes or proYi.sions of the Act or of this Code. 

SEc. 4. Every employer shall make reasonable provisions for the 

safety and health of his employees at the place and during the hours 

of their employment. SEc. 5. No provision in this Code shall supersede any State or 

Federal law which imposes more stringent req uirem_ents on employers 

as to age of mnployees, wages, hours of \York, or as to safety sanitary, 

or general working conditions, or in urance, or fire protection, than 

are imposed by this Code. 

SEc. 6. All employers shall post complete copies of the labor pro- Yi.sion of this Code in conspicuous places accessible to employees. 

SEc. 7. No employee shall be pennittecl to work m_ore than six (6) 

days in an:y seven (7) day period . 

ARTICLE YI-ORGANIZATIO. 

SECTION 1. To further effectuate the policies of the Act, a Code 

Authority is hereby constituted to cooperate with the Administra tor 

in the administration of this Code. 

SEc.· 2. The Code Authority shall consist of the members from 

time to time of the Executive Committee of the Association, pro,~ided 

for in the by-law::. of the Association, together with a member sele-cted 

at large from the Industry. In addition to membership a.s above provided, there may be not more than three (3) members, without vote, 

and without expense to the Industry, to be appointed by the Adminis- trator, to serve for such term or terms as he may specify. No two 

members of the Code Authority shall be affiliated ·with any single 

member of the Industrv. 

SEc. 3. The Association is herehy 'designated as the agency to con- duct an election of the Member at large of the Code Authoritv by 

members of the Industr who are not 1nember.:; of the Association ,,rithin fifteen (15) days after the effl'ctiYe date of this Code, and any 

subsequent elections for the successors of such Member at large. 

Such memb r shall be elected to serve for a term of one (1) year. In 

the event that the position of Mmnber at lRrge on the Code Authority 

becomes vacant, a special meeting shall be called for an election to fill 

the vacancy. Notice of the time and place of all elections shall be 

sent by registered mail, at least ten (10) days in advance of any elec- tion, to all members of the Industry who are not members of the Asso- ciation and who n.re registered with the Secretary of the Association 

and voting at .such election 1nay be by person, by proxy, or by letter 

ballot. E ach member of the Industry who is not a member of the 

Association shall have one vote. A plurality of the nLimber of votes 

cast shall be necessary for election. 
348 

SEc. 4. The ode Auth0rity shall haYc the following further powers 

and duties to the extent permitted by the Act, the exercise of which 

shall be reported to the Administrator. 

(a) To insure the execution of the provisions of this Code and pro- vide for the compliance of the industry with the provisions of the Act, 

subject to such rules and regulations as may be promulgated from time 

to time by the Administrator. 

(b) To adopt bylaws and rules and regulations for its procedure and 

and for the administration and enforcem nt of the Code. 

(c) To obtain from members of the Industry such information and 

reports (sworn or unsworn as the Code Authority may specify) as are 

required for the administration of the Code. No individual informa- tion, statistics, or reports shall be disclosed to any other mernber of 

the Industry or any other party except to such governmental agencies 

as may be directed by the Adrninistrator. 

(d) To use such trade associations and other agencies as it deems 

proper for the earrying out of any of its activities provided for herein, 

provided that nothing herein shall relieve the Code Authority of its 

duties or responsibilities under this Code and that such trade associations and agencies shall at all times be subject to and comply with the 

provisions hereof. 

(e) To make recommendations to the Administrator for the coordination of the administration of this Code with such other codes, if any, 

as may be related to the Industry. 

(f) To secure from members of the Industry an equitable and pro- portionate payment of the reasonable e.·penses of maintaining the 

Code Authority and its activities. 

(g) To cooperate with the Admi1•1istrator in regulating the use of 

any N .R.A. insignia solely by those members of the Industry who 

have assented to, und are complying with, this Code. 

(h) To recommend to the Administrator further unfair tra.de 

practice provisions to govern members of the Industry in their rela- tions with each other or with. other industries and to recommend to 

the Administrator measures for industrial planning, including stabili- zation of employment. 

SEc. 5. In order that the Code Authority shall at all times be truly 

representative of the Industry and in other respects comply with the 

provisions of the Act, the Administrator may provide suc.h her..rings 

as he may deem proper; and thm·eafter if he shall find the Code 

Authority is not truly representative or does not in other respects 

comply with the provisions of the Act, may require an appropriate 

modification in the method of selection of the Code Authority, or any 

sub-Code Authority. 

SEc. 6. Each trade or industrial association directly or indirectly 

participating in the selection or activities of the Code Authority shall 

(1) impose no inequitable restrictions on membership, and (2) submit 

to the Administrator true copies of its articles of association, bylaws, 

regulations, a.nd any amendments when made thereto, together with 

such other information as to membership, organization, and activities 

as the Administrator may deem necessary to effectuate the purposes 

of the Act. 

SEc. 7. In addition to the information required to be submitted to 

the Code Authority and the Administrator, there shall be furnished to 

government agencies such statistical information as the Administrator 
349 

may deem neces n.ry for the purp e recited in S ction 3 (a) of the 

Act. 

SEc. 8. Members of the Industry hall be entitled to participate in 

and share the benefits of the a tivities of the Code Authority and to 

participate in the selection of the members thereof, by assenting to 

and complying with the requirements of this Code and sustaining 

their reasonable share of the expenses of its administration. The 

rea onable share of the expense of administration shall be determined 

by the Code Authority, subject to review by the drninistrator, on 

the basis of volume of business and/or such other facto rs as may be 

deemed equitable to be taken into consideration. 

SEc. 9. Nothing contained in this Code shall constitu e the members of the Code Authority partners for any purpose. Nor shall this 

Code be construed to render any member of the Code Authority liable 

in any manner to anyone for any act of any other member, officer, 

agent, or employee of the Code· Authority. Nor shall this Code be 

construed to render any member of the Code Authority, exercising 

reasonable diligence in the conduct of his duties hereunder, liable to 

anyone for any action or omission to act under thi CodA, except for 

his own ''rillful misfeasance or nonfea ancc. 

ARTICLE VII-SPECIFIC TRADE PRACTICES 

R LE 1. Each member of the Industry shall publish and n1ake 

available, at all times, to each class of purchasers with whom he does 

business, a printed price sheet showing the net trade price of all types, 

varieties, and sizes of concealed radiators, acce ....,ories, and appurtenances regularly on sale by him; together \Yith any und all di counts, 

including cash and/or quantity discounts, transportation terms, guarantees, and any other terms or conditions which may affect the net 

cost of any listed article to the purchaser of the cla s to which the sheet 

is issued. 

RuLE 2. All published price sheets hall be plainly dated and shall 

be considered published when filed in printed form with the Code 

Authority in sufficient numbers for di tribution to all 1fembers of 

the Industry. 

RuLE 3. Any Member of the Industry, upon publishing a price 

sheet, shall immediately distribute the same to his regular customers. 

RULE 4. A Member of the Industry may publish revised price 

sheets from time to time, as n1arket conditions shall V1·arrant. 

RuLE 5. All published price sheets shall be plainly marked, 

"Subject to change without notice". 

RuLE 6. Different classes of purchasers and their trade privileges 

are recognized, but it is deemed essential to the prevention of unfair 

trade practices to adopt a uniform method of classification as it affects 

transactions in this Industry. For this purpose the following classes 

only are recognized. 

(a) Contractor is one who is regularly engaged in the business of 

installing steani or hot water heating systems and equipment, including concealed radiators, for the purpose of resale at a profit. Federal, 

State, County, and Municipal purchasers, including subdi .. ~isio ns 

thereof such as School Boards, Park Commissions, and the like, may 

be classified as Contractors. 

(b) Jobber is one who is regularly engaged in the business of 

buying and reselling steam and hot water heating materials and equip-
350 

me.E.t, including concealed radiators, in and out of stock, but who does 

no installing of the n1aterials and/or equipment sold. Manufacturers 

purehasing concealed radiators for resale as pa.rt of their equipment 

may be classified as jobbers. 

(c) Distributor is one who is regularly engaged in the business of 

buying and reselling nonferrous and/or steel convectors as a jobber, 

but who is under contract with a particular manufacturer to sell said 

manufacturer's line of nonferrous and/or steel convectors to the 

exclusion of other nonferrous and/or steel convectors, and who agrees 

to conform to all lawful limitations and restrictions upon methods of 

sale contained in said contract. 

RuLE 7. ~ othing herein contained shall be construed to prevent a 

Member of the Industry, from selecting his own customers and the 

classes of customers through whorn he wishes to market his goods, 

but it is deemed conducive to unfair methods of competition to discriminR.te between purchasers of the sante class, or to discriminate 

bet"'.\-een the se'l<>ral recogmzed classes of purchasers on other than a 

uniform basis. To effectuate this policy: 

(a) The heating contractor, as the commonly recognized dealer in 

this class of materials, shall be so1d at the published net trade price. 

(b) The jobber, who in turn serves the heating contractor, may be 

extended a discount, provided the member extending said discount 

issues a published price sheet to jobbers showing said discount and 

extends the same diseount to all jobbers with whom he does husiness. 

(c) The distributor (as provided in Rule 6 (c)) may be extended any 

diseount the member elects to extend, provided the member extending 

said diseount issues a published price sheet to distributors showing 

said discount and extends the same discount to all distributors with 

whom he does business. 

RuLE 8. The conventional trade practice of allowing quantity 

discounts is considered rational and fair provided it is based on a 

quantity bought on one order, thus res ting in a saving in cost to the 

manufacturer and his distributor, and provided a uniform schedule 

is adopted and is extended alike to all purchasers of all classes. A 

member of the industry may, or may not, at his option extend quantity 

discounts, but if he does, it shall be in strict accordance with the 

schedule printed on his price sheet together with the statement that 

it applied to all purchasers where the units are bought on one order 

and are shipped and invoiced at one time, provided, however, that 

quantity discounts may be allowed on inYoices covering partial 

shipments of an order when: 

(a) The manufacturer is unable, for reasons beyond his control, to 

make shipment of complete order at one time. 

(b) The order is for units to be installed in one building or group 

of buildings for which the contract was let prior to the time the 

order was placed and when the equipment must be shipped as the 

building construction progresses. 

(c) Nothing in (a) and/or (b) is to be construed as permitting 

blanket orders for indiscriminate lots for the purpose of defeating 

the intent of Rule 8. Partial shipment invoices must clearly be 

marked as such. It shall be deemed an unfair trade practice to 

extend quantity diseounts on any other basis. 

RuLE 9. All sales of concealed radiators, accessories, and/or 

appurtenances shall be made on the basis of a written quotation or 
351 

bill of sale. Said quotation or bill of sale shall be properly dated and 

shall be in accordance with the current published price sheet and shall 

be so itemized as to enable the checking of the same from the current 

published price sheet. 

RuLE. 10. It shall be deemed an unfair method of competition to 

sell or dispose of a concealed radiator, accessory, or appurtenance on 

any lower basis than that of the current published price sheet, less 

such discounts as apply under these Rules. 

RuLE 11. It shall be deemed an unfair method of competition to 

make a particular sale of concealed radiators, accessories, or appurtenances contingent upon the sale of any other goods or material . RuLE 12. It shall be deemed an unfair method of competition to 

mark or brand any product of the industry in any manner which has 

the tendency to mislead or deceive customers or prospective customers 

as to the substance, grade, quality, size, quantity, origin, or preparation of any product of the industry sold or offered for sale. 

RuLE 13. It hall be deemed an unfair method of competition to 

make or cause or permit to be made or published any false, untrue, or 

deceptive statement by way of adverti ement or otherwise concerning 

the materials of construction used in, the operatino· characteristics of, 

or the quality, size, origin, or preparation of any products of the industry sold or offered for sale. 

RuLE 14. On and after September 1, 1934, all ratings of performance of concealed radiators shall be in accordance with the Code for 

Testing and Rating Concealed Radiators as established by the American Society of Heating & Ventilating Engineers. 

RuLE 15. The right of any manufa turer of con ealed radiators to 

build special sizes or types on special order is recognized; but as such 

units are more costly to build and should sell for higher prices than 

his regular line, it shall be deemed a.n unfair method of competition 

to sell any special or custom-built concealed radiators at the same 

price or less per unit of ratjng than the next nearest size and type of the 

manufacturers' regul ar line. 

RuLE 16. It shall bA deemed an unfair trade practice to sell concealed radiators less cert in parts on a basj other than that by which 

the deduc.tion for parts js proportional to the net cost to the manufacturer of the part , or to sell separate parts, except for replacement, 

on· a mark-up less than that employed in determining the price of the 

complete concealed radiator. 

RULE 17. It shall be deemed an unfair trade practice to accept 

blanket orders; therefore, all quotations and orders must specify an 

itemized bill of goods. If, after a quotation has been made, the 

specified requirements are cha.nged, a new quotation shall be issued 

based upon published prices prevailing at that tin1e. If, after an order 

has been accepted the re-1uirements are changed, deductions shall be 

credited on the basis of published prices prevailing at the time order 

·was placed and additions shall be charged at the prices prevailing 

at the time additions are made. 

RULE 18. With respect to that portion of his product which is 

within the industry, every einployer shall use an accounting system for 

the purpose of determining allowable cost which conforms to the prin- ciples of, and is at least as detailed and complete as, the uniform 

method of accounting, and the uniform method of costing, to be formula.ted or approved by the Code Authority and the Administrator with 
352 

such variations therefrom as may be required by the individual condi- tions affecting any employer or group of employers, and as may be 

n.pproved by the Code Authority ~:md the Administrator. 

RuLE 19. No employer shall sell or exchange any product of the 

Industry, manufactured by him, at a price, or upon terms and conditions, which will result in the purchaser paying for the goods received, less than the allowable cost thereof to the seller, determined in accordance with a unifonn method of costing above described; provided, 

however, that dropped lines, or seconds or inventories which must be 

converted into cash to meet emergency needs may de disposed of by 

any employer, at any price and on any terms and conditions, but only 

if such employer, not less than ten (10) days before such disposal, has 

filed with Code Authority, a statement in writing, setting forth the 

fact of, and reasons for, such proposed disposal, and Code Authority 

has not, before the termination of such ten (10) days' period, in writing 

disapproved the proposed disposal; and provided further, that a 

member of the industry selling, or v.rishing to sell, belovr his own 

allowable cost to meet the competition of a competitor whose allow- able costs are lower, may do so provided that he has first so reported to 

the Code Authority and in such report has cited the competition which 

caused him to take such action, and provided he publishes a revised 

price sheet. Nothing herein shall be construed to relieve a member 

of the Industry from strict adherence to Rule 9. 

RuLE 20. Consignment of goods or delayed billing shall be deemed .an unfair trade practice, except under conditions prescribed by the 

Code Authoritv. 

RuLE 21. Itv shall be deemed a violation of these Rules to enter 

into or be a party to a written or verbal agreement or understanding 

which serves directly or indirectly to affect the price or terms of sale 

established by a current published price sheet, or which serves in any 

way to defeat the spirit and purpose of these Rules. However, 

nothing herein contained shall be construed to prevent a member of 

the industry from cooperating with or instructing prospective pur- chasers as to the proper application or installation of said n1ember's 

products. 

RuLE 22. A violation of any of the rules in this Article VII shall 

be deemed nn unfair method of competition. 

RuLE 23. No member of the industry shall give, permit to be 

given, or directly offer to give, anything of value for the purpose of 

influencing or rewarding the action of any employee, agent, or representative of another in relation to the business of the employer of 

such employee, the principal of such agent or the represented party, 

without the lmowledge of such employ.er, principal, or party. Com- mercial bribery provisions shall not be construed to prohibit free and 

general distribition of articles commonly used for advertising except 

so far as such articles are actually used for commercial bribery as 

hereinbefore defined. 

ARTICLE VIII-GENERAL PROVISIONS 

SECTION 1. No provision of this Code shall be construed or applied 

in such a manner as to-

(a) Promote or permit monopolies or monopolistic practices. 

(b) Permit or encourage unfair competition. 
353 

(c) Eliminate, oppress, or discriminate against mall enterprises. 

SEc. 2. This Code is hereby expre sly made subject to the right 

of the President, pursuant to Section 10 (b) of Title I of the National 

Industrial Recovery Act, from time to ime to cancel or modify 

any order, approval, license, rule, or r gulution i sued under Title I 

of said Act, and specifically but without limi tation to his right to 

cancel or modify his order approving this Code, or any con ditions 

imposed by him upon such approvnl. 

SEc. 3. This Code, except as to provisions required by the Act, 

ma.y be modified on the basis of experience or change in circumstances, 

such modifications to be based upon application to the Administrator 

and such notice and hearing as he may specifv, and to become effective 

on appro,~al of the Administrator. Any such application may be 

made by the Code Authority. 

SEc. 4. If the Administrator shall determine that any action of 

the Code Authority or any agency thereof is unfair or unju st or 

contrary to the public interest, the Administrator may require that 

such action be suspended for a period of not to exceed thirty days 

to afford an opportunity for investigation of the merits of such action 

and further consideration of the Code Authority or agency pending 

final action, which shall be taken only upon approval by the 

Admini trator. 

AUTICLE IX 

This Code shall become effective on the second Monday after its 

approval by the Presiden1-

Approved Code No. 271. 

Regi try No. 1131-01. 
UNIVERSITY OF FLORIDA 

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